buyer specific performance remedy compel seller to perform contract for sale / if either party withdraws without good reason breach of contract remedy

estate contracts include equitable leases: if no deed & term too long to fall within parol exception (s.54 LPA 1925) / if formalities for estate contract followed equitable exists

bits of law

Creation & Transfer: Estates & Interests

[Flash Card 3 of 4]

Proof of ownership

buyer requires seller prove ownership (title) legal estate

unregistered: seller provides deeds & conveyances / show unbroken chain of title / good root of title: documents for 15 yrs / conveyances show third party rights (covenants & easements) / disadvantages: uncertainty of good title & lost or fraudulent conveyances

title absolute: land registry assessed evidence / entirely satisfied as to owner

sale of registered title: completion of transfer / not transfer legal estate from sellers to buyers / buyers names must be entered on register

dispositions completed by registration: s.27(2) LRA 2002: transfer of registered title / new lease for 7 + yrs / legal easements by deed on property register of land benefitting from easement / mortgages (legal charges) by entry on the charges register of burdened land

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